Estate Planning for Benton County, Arkansas Property Owners

For most Benton County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

For a Benton County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court - Probate Division. The two tools that keep a Benton County home out of probate are a transfer-on-death deed recorded with the Circuit Clerk, and a revocable living trust that holds title to the property.

Without a recorded beneficiary designation or a trust, Benton County property passes through the Circuit Court - Probate Division — even simple Arkansas probates run 6+ months and start with $165 in filing fees. Arkansas also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in Benton County

A beneficiary deed names a beneficiary who receives Benton County property automatically at the owner's death, without probate. It is recorded with the Circuit Clerk during the owner's lifetime and can be revoked at any time.

Before recording, an Arkansas beneficiary deed is signed with notary acknowledgmentArk. Code Ann. 18-12-608Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathArk. Code Ann. 18-12-608Verified Aug 24, 2026View source.

Where to Record Property Documents

Deeds and other real property documents for Benton County are recorded with the Circuit Clerk, led by Brenda DeShields, at 215 East Central Avenue, Bentonville, AR 72712. Phone: 479-271-1017. Hours: Monday-Friday 8:00 AM - 4:30 PM (recording stops at 4:15 PM).

The Circuit Clerk charges $15 for the first page plus $5 for each additional page. Recording a 2-page beneficiary deed in Benton County comes to $20. A beneficiary deed is exempt from transfer tax.

Benton County accepts electronic recording through CSC, eRecording Partners Network (ePN), Simplifile.

Recording Office Record

Circuit Clerk

Benton County · Brenda DeShields

Address

215 East Central AvenueBentonville, AR 72712

Fax

479-271-5719

Hours

Monday-Friday 8:00 AM - 4:30 PM (recording stops at 4:15 PM)

E-recording

Available via CSC, eRecording Partners Network (ePN), SimplifileE-recording info →
Visit recorder website →

Recording fees

Base fee (first page)$15
Each additional page$5
Transfer tax on a TOD deedExempt

Ark. Code Ann. 21-6-306

Verified September 4, 2026 · Source

Estate Planning Attorneys Serving Benton County

Bailey Law Firm, P.A.

Firm

Siloam Springs firm serving Benton County families in northwest Arkansas. Attorney David A. Bailey, admitted in Arkansas in 1996, handles wills, trusts, estate planning, and probate alongside a general practice. The firm's website is no longer live; its license record is with the Arkansas Judiciary.

Location
206 E. University StreetSiloam Springs, AR 72761
Service Area
1 county
  • Estate Planning
  • Probate
  • Trust Administration
  • Personal Injury
  • Family Law
  • Criminal Defense

Springdale's oldest firm (1947), serving Washington and Benton County families through the probate process. Guides relatives through estate administration and handles wills and trusts, with partners Matthew Fryar, Laura Ferner and Steven Zega carrying decades of Northwest Arkansas court experience. Bilingual appointments available.

Location
111 Holcomb StreetSpringdale, AR 72764
Established
1947
Service Area
2 counties
  • Estate Planning
  • Probate
  • Business Law
  • Real Estate
  • Civil Litigation

Fayetteville Square firm serving Washington, Benton, Carroll and Madison County families. Handles estate and probate administration plus estate and trust litigation, including contested matters, alongside its tax and real estate work. Every partner is AV-Preeminent rated by Martindale-Hubbell.

Location
75 N. East Avenue, Suite 402Fayetteville, AR 72701
Service Area
4 counties
  • Estate Planning
  • Trust Administration
  • Tax Planning
  • Business Law
  • Civil Litigation

Lowell firm serving Benton and Washington counties across Northwest Arkansas, with probate filed in the local circuit courts. For families settling an estate, the firm handles probate and estate administration, letters testamentary, small-estate affidavits, and will- and trust-based plans. Offers a free, no-obligation consultation.

Location
125 Parkwood St ALowell, AR 72745
Service Area
2 counties
  • Estate Planning
  • Probate
  • Trust Administration
  • Criminal Defense
Free consultation

Bentonville estate planning and elder law practice led by Todd Whatley, CELA, serving Northwest Arkansas families (Benton, Washington, Carroll, Madison). Focuses on estate plans built to avoid probate, long-term-care and Medicaid/VA benefits planning, and asset protection. Rebranded from Whatley's elder-law practice in 2024; he is a past president of the National Elder Law Foundation.

Location
2701 SE J Street, Suite 109Bentonville, AR 72712
Service Area
4 counties
  • Estate Planning
  • Elder Law
  • Medicaid Planning
  • Veterans Benefits
  • Trust Administration
  • Probate
  • Special Needs Planning
  • Business Succession
Free consultation

Bentonville firm serving Benton and Washington counties in northwest Arkansas, focused on estate planning, probate, and trust administration. Darrell Gibby drafts wills and trusts and guides families through probate and trust settlement, and has concentrated his practice on estate work since 2007. Also handles business formation and real estate.

Location
903 SE 22nd Street, Suite 3Bentonville, AR 72712
Established
2007
Service Area
2 counties
  • Estate Planning
  • Probate
  • Trust Administration
  • Elder Law
  • Business Law
See all 32 firms serving Benton County→

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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